SCHROEDER v. RANCHO ESCONDIDO COMM. IMP.

No. 09-07-217CV.

248 S.W.3d 415 (2008)

Stevan SCHROEDER and Debra Patrick Schroeder, Appellants v. RANCHO ESCONDIDO COMMUNITY IMPROVEMENT ASSOCIATION, Appellee.

Court of Appeals of Texas, Beaumont.

Decided February 21, 2008.


Attorney(s) appearing for the Case

Douglas R. Drucker, Drucker, Rutledge & Smith, The Woodlands, and Constance G. Decker, Davis Durham & Haggard, Huntsville, for appellants.

Amy Vanhoose, Marc D. Markel, Roberts Markel Bale, and Clayton R. Hearn, Houston, for appellee.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


OPINION

STEVE McKEITHEN, Chief Justice.

Stevan Schroeder and Debra Patrick Schroeder filed a suit for a declaratory judgment that the Rancho Escondido Community Improvement Association cannot impose a requirement of a "Harmonious Sight Line" in addition to the thirty foot building set-back line expressed in the deed restrictions for the Rancho Escondido Subdivision, Section One in Montgomery County. The Schroeders also sought to enjoin the Rancho Escondido...

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